NS&I Bereavement Claims Error – Where has it all gone wrong?
NS&I is one of the largest savings organisations within the UK, and therefore the recent headlines of “missing savings” and “prizes withheld” are alarming for everyone, not least the bereaved families whose loved ones held accounts with government-backed NS&I.
What is NS&I?
Originally established as the Post Office Savings Bank, National Savings & Investments (NS&I) is a government-owned savings provider in the UK, best known for its Premium Bonds product. Rather than paying interest, Premium Bonds offer entry into monthly prize draws, with two £1 million prizes and a range of smaller awards.
What other types of savings products do NS&I offer?
NS&I also offers other savings products, including ISAs and Income Bonds, the latter providing monthly interest payments. All funds held with NS&I are backed by HM Treasury, meaning savers benefit from a government guarantee, offering greater protection than that typically available through banks and building societies.
With no high street branches, NS&I are only contactable remotely. Money earned from NS&I customers and through its savings accounts and bonds offerings are used to fund public spending, and all deposits are backed by the UK Government with no upper limit, unlike the FSCS offered by the majority of high street banks.
How Does an NS&I Bereavement Claim Work?
When someone dies, their executors (if there is a Will) or personal representatives (if there is not) are responsible for notifying NS&I of the death, usually by providing a death certificate and relevant estate details.
Once notified, NS&I will carry out checks to identify any accounts or investments held by the deceased, including Premium Bonds, savings certificates, ISAs and Income Bonds. This step is intended to ensure that all holdings are correctly located, even where accounts may have been opened many years earlier.
NS&I will then provide instructions on how the accounts can be closed and the funds released. This typically involves completing bereavement claim forms and supplying evidence of authority to act on behalf of the estate.
Is Probate always required?
Whether probate is required will depend on the value of the NS&I holdings and the wider estate. Smaller balances may be released without probate, whereas larger estates will usually require a grant of probate (or letters of administration) before funds can be encashed and distributed to beneficiaries.
An executor is the person (or people) appointed in a Will to deal with the administration of the deceased’s estate after their death. Their role is to ensure that the deceased’s wishes, as set out in the Will, are carried out properly.
This typically includes identifying and collecting assets, settling any debts and liabilities, dealing with tax affairs, and distributing the remaining estate to the beneficiaries named in the Will. Executors may also be required to apply for a grant of probate, which provides them with the legal authority to deal with certain assets, such as bank accounts or investments.
Executors carry significant legal responsibility and must act in the best interests of the estate and its beneficiaries throughout the administration process.
Personal representatives is the legal term used to describe the individuals responsible for administering a deceased person’s estate. This includes executors where there is a valid Will, or administrators where there is no Will (intestacy).
In practical terms, personal representatives carry out the same core duties: identifying and valuing the estate, collecting assets, paying any debts and taxes, and distributing the estate to the rightful beneficiaries. Where a Will exists, the named executors automatically become the personal representatives once probate is granted.
They are legally responsible for ensuring the estate is administered correctly and in accordance with either the Will or the rules of intestacy, depending on the circumstances.
What Has Gone Wrong with NS&I Bereavement Claims?
It has recently been revealed in the news that up to 37,500 bereavement claims have been affected due to NS&I having lost track of investments and withholding premium bond prizes from the families of their deceased customers. That said, work to identify the affected parties is still underway so the true scale of the tracing issue isn’t certain.
Despite this issue only recently making the headlines in March 2026, it has been reported that the problem was initially reported to Government ministers in December 2025.
NS&I have explained that there had been errors in identifying all deceased account holders NS&I accounts, which in turn meant that executors and personal representatives were not always repaid money from all of the deceased’s accounts despite lodging bereavement claims in the correct manner.
What Is Probate?
The word probate is used to describe the process involved in dealing with the administration of a person’s estate when they have died. Probate can also be used to describe the legal document giving authority to the person or persons to administer the deceased’s estate. Read more…
What is NS&I’s Response to Missing Savings and Withheld Premium Bond Prizes?
NS&I have now advised that the identification issue has been resolved and that stringent measures have been put in place to ensure that no such issues happen again. Although this is little comfort for those battling to get their money back.
NS&I have confirmed that most cases affected relate to bereavements from 2008 – 2025, and it is estimated that the money owed from NS&I to the affected deceased estates could be up to £476 million. NS&I have been criticised by the financial ombudsman for repeatedly stating that its figures were accurate and correct, with this insistence only serving to prolong the investigation.
To date, NS&I have hired new staff to assist with making contact with the affected families and they will publish details of how they will reimburse the “missing” funds. As NS&I is government backed, the funds are protected, however it is likely to take some time for NS&I to reconcile the funds with the correct people.
What are the Tax Implications and What Should Affected Families Should Consider?
Where missing NS&I funds are later identified and returned to an estate, this can have knock-on tax consequences that executors and personal representatives will need to consider. Although the recovery of assets is beneficial, it may increase the overall value of the estate and affect its tax position retrospectively.
In particular, inheritance tax (IHT) may need to be reassessed if the additional funds change the estate’s total value. This could result in further tax becoming payable or require amendments to previously submitted IHT accounts to HMRC.
There may also be capital gains tax (CGT) considerations depending on how the estate has been administered, particularly where assets have been sold or invested during the administration period. In addition, any interest or compensation paid alongside the returned funds may itself have tax implications.
Given the complexity, executors may wish to seek professional advice to ensure the estate is correctly reported and any tax liabilities are properly addressed.
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Do You Need to Take Action on an NS&I Bereavement Claim?
NS&I has confirmed that it is working to identify and contact affected estates in relation to the bereavement claims issue and any missing or unallocated savings. Where an estate is impacted, NS&I will contact executors or personal representatives directly with details of any funds due and how these will be returned.
NS&I has also advised that it is not necessary to use claims management companies, as this is unlikely to speed up the process and may result in avoidable costs.
However, executors should still ensure that all NS&I assets have been properly included in the estate administration. Where there is uncertainty or concern about missing funds, legal advice may be helpful to ensure the estate is fully and correctly administered.
Contact our Wills & Probate Solicitors today for Advice
At Thornton Jones Solicitors, our specialist Private Client and Wills & Probate team advises individuals, executors and families dealing with estate administration issues, including complex bereavement claims involving financial institutions such as NS&I.
We can assist you by:
- Advising on your duties as an executor or personal representative
- Helping you trace and identify missing assets within an estate, including NS&I savings and Premium Bonds
- Guiding you through the probate process where required
- Assisting with correspondence and claims to financial institutions
- Advising on delays, discrepancies, or missing funds in estate administration
- Supporting you with any tax considerations arising from delayed or additional estate assets
Dealing with an estate can be complex, particularly where assets are missing, delayed or incorrectly recorded. If you are concerned about NS&I bereavement claims or believe an estate may be owed funds, our team can provide clear, practical legal advice tailored to your circumstances.
To speak to our friendly Wills & Probate team, please call 01924 290 029 or contact us using our online enquiry form.
Wills and Probate Solicitors FAQs
If you believe funds may be missing, you should first ensure that a bereavement claim has been properly submitted to NS&I. If this has already been done, it is advisable to wait for NS&I to contact you, as they have confirmed they are proactively identifying affected cases.
If you remain concerned, executors or personal representatives can contact NS&I directly to request a review of the deceased’s accounts and confirm whether all funds have been accounted for.
NS&I offers a tracing service as part of its bereavement process. Executors or personal representatives can submit details of the deceased, and NS&I will attempt to locate any accounts or investments held in their name.
This is particularly important where paperwork is incomplete or where the deceased held Premium Bonds or older savings products.
Not always. Whether a grant of probate is required depends on the value of the assets held with NS&I. For lower-value holdings, NS&I may release funds without a grant. However, for larger estates, probate is usually required before funds can be encashed and distributed.
NS&I has stated that it is working to identify affected customers and will contact families directly where issues are found. However, given the scale of the problem and the time period involved, executors may wish to be proactive if they suspect something has been missed.
In addition to the return of any missing funds, affected estates may be entitled to interest and, in some cases, compensation. The exact amount will depend on the circumstances, including how long the funds were outstanding and whether there has been any financial loss as a result of the delay.
Yes. Premium Bonds remain eligible for prize draws for a period after death (usually up to 12 months), provided the funds have not yet been encashed. Any prizes won during this time should form part of the deceased’s estate and be payable to the beneficiaries.
Potentially, yes. If additional funds are later identified and returned to the estate, this could impact the overall value of the estate for inheritance tax purposes. This may require the personal representatives to revisit earlier tax calculations and, in some cases, submit corrective information to HMRC.
Not necessarily. NS&I has indicated that families do not need to use claims management companies, and many straightforward cases can be handled by executors directly. However, legal advice may be helpful where there are complications—such as missing funds, tax implications, or disputes between beneficiaries.
There is no fixed timeframe. Given the number of potentially affected cases, it may take some time for NS&I to investigate and reconcile all accounts. Executors should be prepared for delays, particularly in more complex cases or where older accounts are involved.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Wills & Probate Solicitors
What is a Lasting Power of Attorney?
Lasting Power of Attorney (LPA) are a legal document that allow you to appoint someone who you trust such as a family member, friend or Solicitors as your Attorneys. The LPA gives the Attorneys the legal authority to make decisions on your behalf if you lose mental capacity or are no longer able to make decisions for yourself.
What are the different types of LPA?
Property and Finance LPA which allows your Attorneys to manage tasks such as:
- Paying bills
- Managing bank accounts
- Collecting benefits or pensions
- Selling your property
The LPA can be used whilst you still have capacity with your authority to do so or the document can specify that it should only be used if you lose capacity.
Health and Welfare LPA which allows your Attorneys to make decisions about:
- Medical treatment
- Care homes
- Daily tasks such as washing, eating and cleaning
- Life- sustaining treatment
- Access to medical records
The Health and Welfare LPA can only be used if you lose mental capacity and decisions regarding life-sustaining treatment and disclosure of medical records can only be made if you give your Attorneys authority to do so.
5 Benefits of a Lasting Power of Attorney
Whilst a Will can protect your family after you have passed, what about protecting yourself and your family should you find yourself unable to care for your own matters? In this blog by Liz Fyfe, she outlines five key benefits of having a lasting Power of Attorney in place. Read more…
Why should I make a LPA & When should I put it in place?
To give effect to your wishes as to who should make decisions on your behalf if you are unable to make decisions for yourself.
To provide peace of mind for yourself and your loved ones, by knowing that should the unexpected happen you have the correct legal paperwork in place so that your trusted attorney’s can step in and help you.
It is best to make power of attorney as soon as possible, as they need to be registered with the Office of the Public Guardian (OPG) before they can be used, and this process takes a number of weeks.
Who should put a Lasting Power of Attorney (LPA) in place?
- Anyone over 18 – It’s a common misconception that you should only do this later in life. Once you turn 18, no one has an automatic legal right to make decisions for you if you lose capacity, even parents.
- People who own property, savings, or investments – Without an LPA, if you lose capacity bank accounts can be frozen and property transactions delayed until a deputy is appointed by the Court of Protection.
- Business owners or company directors – Consideration can be given in an LPA to allow trusted individuals to manage business finances and keep things running if you are unable to act.
- Couples (married or unmarried) – It’s a common myth this is automatic, a spouse or partner cannot automatically access accounts or make financial decisions without an LPA in place.
- Parents and carers planning for the unexpected – An LPA helps ensure continuity of care and financial management if you become ill or incapacitated.
An LPA ensures people that you choose can make decisions for you if you lose capacity — without court delays, extra cost, or uncertainty.
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Who can be an attorney and how many attorneys do I need for my LPA?
Who can be an attorney?
- Anyone over the age of 18 who has mental capacity can be an Attorney, e.g. a family member, friend or professional.
- The Attorney must understand their responsibilities of becoming an Attorney.
- You must appoint an Attorney who you can trust.
- Someone who is bankrupt cannot act as an Attorney for the Property and Finance LPA.
How many attorneys do I need?
- You can appoint as many Attorneys as you wish, it is common to have between 1 and 4 Attorneys.
- It is advisable not to have too many Attorneys and they must be able to work well with one another to make decisions.
- You can appoint Replacement Attorneys who can step in to act if one or all of the original Attorneys cannot act.
What happens if either I or one of my attorneys moves home – do I need to change my LPA?
If any party does need change their correspondence address there is no fee payable, you must however inform the Office of the Public Guardian by sending a letter which details the change. The LPA is still valid and there is no need to create new LPAs, you should simply inform the OPG and any other institutions which hold copies of the LPA if the document is in use.
You should also let your Solicitor know so they can keep a note with any original documents.
You only need new LPAs if you wish to change your Attorneys, change how they act or make any changes to your instructions and preferences.
What are the risks if I don’t have a valid LPA in place?
An LPA can only be put in place if you have the mental capacity to do so.
If you lose mental capacity without LPAs, then somebody will need to apply to the Court of Protection, to be appointed to make decisions on their behalf.
This is a Deputyship application which takes several months and is costly, adding stress to those closest to you.
Contact our specialist Lasting Power of Attorney Solicitors today for Advice
At Thornton Jones Solicitors our expert private client team can guide you through every step of preparing and registering a Lasting Power of Attorney by:
- Explaining the different types of LPAs and what each covers
- Helping you choose the right attorney(s) and ensuring they understand their duties
- Preparing the legal documentation clearly and correctly
- Completing and submitting the application to the Office of the Public Guardian
- Advising on registration and what happens next
Preparing an LPA is one of the most important steps you can take for your future planning. Get in touch with our friendly and helpful team to talk through your options and ensure your affairs are protected well in advance. If you need assistance or advice you can contact our team today on 01924 290 029 or contact us using our online enquiry form.
Lasting Power of Attorney FAQs
A Lasting Power of Attorney (LPA) is a legal document that allows you (the “donor”) to appoint one or more trusted individuals (known as “attorneys”) to make decisions on your behalf if you lose mental capacity or no longer wish to make decisions yourself. There are two types of LPA: one covering property and financial affairs, and another covering health and welfare.
It is advisable to set up a Lasting Power of Attorney while you still have full mental capacity, as it cannot be created once capacity is lost. Putting an LPA in place early ensures that your affairs can be managed smoothly in the future and avoids the need for a potentially lengthy and costly application to the Court of Protection.
If you lose mental capacity without a valid Lasting Power of Attorney in place, your loved ones will not automatically have the legal authority to make decisions on your behalf. Instead, they may need to apply to the Court of Protection to be appointed as a deputy, which can be time-consuming, expensive, and stressful during an already difficult period.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Lasting Power of Attorney Solicitors
Lasting Powers of Attorney: Protection You Hope You’ll Never Need
Most of us are happy to take out insurance. We insure our homes, our cars, even our holidays. Why? Because if something goes wrong, we want to know we’re protected. A Lasting Power of Attorney (LPA) works in the same way. You may never need it, but if you do, it can make all the difference to you and your loved ones.
You must remember that you can only make an LPA while you still have mental capacity. If illness, accident, or age takes that away, it’s too late. Just like with insurance, you don’t wait until the disaster has happened before putting cover in place.
What is a Lasting Powers of Attorney?
A lasting Powers of Attorney (often abbreviated to an LPA) is a legal document that lets you choose one or more people you trust to make decisions for you if, one day, you can’t make them yourself. There are two types and you should think of them as two separate insurance policies: one for your finances, one for your wellbeing. Together, they give you complete protection.
Property and Financial Affairs LPA
A Property and Financial Affairs LPA covers money matters like paying bills, managing bank accounts, pensions, and even selling your home if necessary.
Health and Welfare LPA
A Health and Welfare LPA covers personal matters like where you live, your daily care, and medical treatment, including life-sustaining treatment.
5 Benefits of a Lasting Power of Attorney
Whilst a Will can protect your family after you have passed, what about protecting yourself and your family should you find yourself unable to care for your own matters? In this blog by Liz Fyfe, she outlines five key benefits of having a lasting Powers of Attorney in place. Read more…
Why do Lasting Powers of Attorney Matter?
Without an LPA in place, your family doesn’t automatically have the right to step in and help if you lose capacity. Instead, they may need to apply to the Court of Protection – a process that can be long, stressful, and expensive.
By setting up LPAs in advance, you:
- Choose who makes decisions for you, rather than leaving it to the courts.
- Save your family unnecessary stress and costs.
- Have peace of mind that everything is taken care of.
Why are Both Types of LPA Important?
Many people arrange a Property and Financial Affairs LPA but overlook the Health and Welfare LPA. But health decisions are often the hardest and most emotional ones. By having both, you know you’re fully protected for your money and your care.
You may never need to rely on your LPAs, just like you may never claim on your home insurance. But if you do, you’ll be so glad they’re there.
Setting them up now is one way of avoiding extra stress and making things easier for your family and loved ones should you become incapable of managing matters for yourself at any stage in the future.
Find out more about the Six Big Questions Commonly Asked on Mental Capacity and Powers of Attorney in this article by Liz Fyfe. Read more…
Contact our Wills and Probate Solicitors in Yorkshire
If you would like to know more about Lasting Powers of Attorney or perhaps you’d like to book an appointment please get in touch and our skilled and experienced Lasting Powers of Attorney solicitors will guide you through the process.
Speak to our expert Lasting Powers of Attorney solicitors in Wakefield, Ossett, Garforth, and Sherburn in Elmet, Yorkshire today by calling 01924 290 029 or ask a question using our online enquiry form.
Lasting Powers of Attorney FAQs
An attorney can be anyone who is aged 18 or over. Usually the chosen attorney will be a spouse, a partner, a family member or a close friend. Some people choose to nominate a professional attorney, who could be a solicitor, an accountant or other relevant professional, giving you the benefit of their skills and judgement and impartiality.
It’s important to know that an attorney cannot be bankrupt if they are appointed as an attorney for property and financial affairs.
Losing mental capacity means a person can no longer make their own decisions because they are unable to understand, remember, weigh up, or communicate information related to that decision. This can be a result of conditions like severe dementia, a brain injury, or a stroke, and it means a person is legally unable to make choices about their finances, health, or welfare. Without a Lasting Powers of Attorney (LPA), a court must appoint a deputy, a process that is costly and removes the individual’s ability to choose who will make decisions on their behalf.
To create a Lasting Power of Attorney, you will need to:
• Choose an attorney or attorneys to act for you
• Fill out the appropriate form (or have your solicitor do this for you)
• Register the LPA with the Office of the Public Guardian
Creating an LPA can take up to around 3 months and it is strongly recommended to have an experienced solicitor help you with the process to ensure all of the relevant issues are correctly considered and accounted for.
A Property and Financial Affairs LPA allows someone you trust to manage your money, property, and financial matters, such as paying bills or selling your home. A Health and Welfare LPA lets them make decisions about your medical care, living arrangements, and daily routine, but only if you lose mental capacity.
Sherburn Office
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Ossett Office
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The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Six Big Questions Commonly Asked on Mental Capacity and Powers of Attorney
Having the peace of mind knowing that, were you to become too unwell to care for our own matters, you have an appointed person who will care for your property, finances, health, and welfare were you unable to care for them yourself is important. A Lasting Powers of Attorney (LPA) is the legal document that you need to give you this peace of mind.
However, making an LPA relies upon you having what’s known as mental capacity, i.e. the ability to know what you are doing and the ramifications of any decisions you make. Assessing an individual’s mental capacity is just one step taken when making an LPA. Here are six questions that are often asked regarding mental capacity and the making of a Lasting Powers of Attorney.
What is a Lasting Power of Attorney?
In brief, a Lasting Power of Attorney, often abbreviated to LPA, is a document which you put in place during your lifetime, which allows one or more people of your choice (known as your Attorneys) to make decisions and act on your behalf if you need them to in future.
There are two types of LPA – one to deal with your property and financial matters and one to deal with your health and welfare matters.
For more detailed information about why an LPA is a useful document for you to put in place see our dedicated webpage here.
What does “Capacity” mean when doing a Lasting Powers of Attorney?
Every decision that you make requires a certain amount of mental capacity. The test for each decision is different, depending on the circumstances.
To create a Lasting Power of Attorney, the person making it, known as the Donor, must understand the nature of the LPA they are creating, and the powers it gives their chosen Attorneys.
The test that must be satisfied before you can make an LPA is set out in the Mental Capacity Act 2005.
What is the mental capacity test?
The first thing to bear in mind is that the Mental Capacity Act states that every person must be deemed to have the required capacity to make a particular decision unless it has been established that they do not.
It also specifies that just because someone makes a decision that you consider to be unwise, that does not mean they don’t have capacity.
To make a Lasting Powers of Attorney, the Donor must meet four criteria.
- Understand what an LPA is, the decisions that the Attorneys will be able to make, and when the Attorney will be able to make them;
- Retain this information for long enough to make the decision;
- Use and weigh this information to make an informed decision about whether to make the LPA; and
- Be able to communicate their decision (by speech, sign language, in writing or by some other method).
If any of these four things are missing, then the person is unlikely to have capacity to make an LPA.
When does the solicitor apply the mental capacity test?
The test is applied by solicitors at the first meeting, throughout the progress of the matter, and on the day the Donor signs the LPA(s).
People’s capacity can change day-to-day, especially if they take medication or suffer from a short-term condition which, for example, reduces concentration. Your solicitor will bear this in mind, but you need to make sure that your solicitor know of any medications or medical conditions that might have an impact on things like your memory, your understanding, or your concentration.
What if the solicitor isn’t sure?
If the solicitor is not sure whether or not you have capacity to make an LPA then they will raise this with you and suggest an independent capacity assessment.
They will prepare a detailed letter of instruction to the person doing the assessment, detailing the findings of the test they have already performed and what the assessor needs to look for and report on.
If the assessment confirms that you do have capacity to make an LPA, then the solicitor can proceed but they might ask the assessor to be the Certificate Provider for your LPA in due course.
If the assessment confirms that you do not have capacity to make an LPA, then the solicitor cannot do any further work for you in relation to your LPA(s).
Are there any options when someone doesn’t have the mental capacity to make an LPA?
Yes. All is not necessarily lost if someone is found not to have capacity to make Lasting Powers of Attorney for themselves.
It is possible for an application to be made to Court, asking the Court to appoint someone appropriate as a Deputy for the person, because they cannot make decisions or act for themselves. These applications are made to the Court of Protection and usually take some time to finish.
You would have to provide the Court with good evidence that you being appointed as their Deputy would be in that person’s best interests. You will also have to provide them with details of that person’s finances, living arrangements and family members.
The limitations of this route are the time it takes to get the Order, the much stricter supervision of Deputies as compared to Attorneys, and the fact that, except in very exceptional circumstances, the Deputyship Order will only allow you to make decisions in relation to that person’s property and finances. Deputyship Orders in relation to health and welfare decisions are very rare.
Contact us
Sherburn Office
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Ossett Office
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The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Who Can Make Decisions When Someone Has Lost Mental Capacity and There Is No Lasting Power of Attorney in Place?
When someone loses mental capacity it can be an upsetting and difficult time for family and friends. This can be made even more difficult if the person who has lost mental capacity doesn’t have a Lasting Power of Attorney in place meaning that there is nobody with the authority to care for the individuals finances or health and welfare decisions.
What is the Definition of Mental Capacity?
A Lasting Power of Attorney (known as an LPA) can only be put in place whilst a person has mental capacity. Mental capacity can be defined as ‘having the ability to understand information and make decisions about your life’. A loss of capacity may mean that a person’s ability to make decisions is affected. This could be due to a form of dementia, learning disability or brain injury and not always due to old age. The mental capacity of an individual can be assessed by a medical professional such as a doctor.
What is a Deputy?
In some cases, an individual may have lost capacity before they put a Lasting Power of Attorney in place. Read our blog 5 Reasons to Put a Lasting Power of Attorney in Place for more information. If an individual has lost mental capacity and they do not have a Lasting Power of Attorney in place, then it is possible to apply to the Court of Protection to be a deputy.
A deputy is usually a family member or someone who knows the person well. However, if there is no friend or family member who is suitable or willing to act as a deputy, the Court of Protection can appoint a professional deputy. In some cases, there may be more than one deputy appointed who can act together in the matter however they could be asked to act together and independently meaning they can do either. A deputy has the responsibility of making decisions on behalf of the person who lacks capacity.
The deputy must ensure they:
- Make sure the decision is in the best interest of that person
- Help the person to understand why this decision has been made
- Involve professionals such as doctors if required
The deputy must ensure they do not:
- Make a decision that benefits them and is not in the best interest of the persons welfare
- Make a Will for the person or amend their existing Will
- Hold money in their own name on behalf of the person
- Assume that a decision previously made is the best decision for everything
What is Property and Financial Affairs Deputyship?
This allows a person to make decisions relation to their money and property. They may need to manage their income and outgoings such as the receipt of any state benefits and ensure that bills and care fees are paid for. In some cases, a person may need to sell their property due to care requirements, the deputy would have the responsibility of managing this.
Furthermore, the deputy must use the assets under their control in a way which benefits the individual who lacks mental capacity and make decisions which is in their best interest.
What is Personal Welfare Deputyship?
This allows a person to make decisions regarding a person’s health and welfare. This could include day-to-day care including what a person wears, their diet or their social activities. Additionally, the deputy must consent to any medical treatment a person may need and ensure this decision is beneficial for that person. If the deputy is unsure, they may need to ask for advice from a different professional such as a consultant or doctor.
Contact us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
